| (a) A potential contractor may protest a purchase award under the following circumstances: (1) the purchase award was made under a competitive procurement method and the protestant submitted a bid that was not selected for the award; or (2) the purchase or award was a sole source or emergency procurement. (b) This subchapter does not apply to: (1) the award of grants or subcontracts; (2) goods or services purchased pursuant to the Interagency Cooperation Act, Chapter 771, Government Code, or Interlocal Cooperation Act, Chapter 791, Government Code; (3) the lease, purchase, or lease-purchase of real property; (4) interstate or international agreements executed in accordance with applicable law; (5) a service of a public utility; (6) health care provider enrollment agreements; or (7) goods or services purchased under contracts or processes administered by the Texas Building and Procurement Commission, the Department of Information Resources, or other state agencies. (c) HHSC will not conduct protests filed pursuant to this subchapter as contested cases under the Administrative Procedures Act, Government Code Chapter 2001. |
